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2023 Supreme(Online)(KER) 777
HIGH COURT OF KERALA
GOPINATH P, J
ABDUL SATHAR – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 10690/2023
JOHN JOSEPH(ROY), VALSAMMA PAUL
Anticipatory bail can be granted considering the age and health of the accused alongside the nature of allegations.
Headnote:
Bail - Anticipatory Bail - IPC Sections 498A, 323, 324, 294, 34 - Court allowed anticipatory bail based on the age and health conditions of petitioners.
Fact of the Case:
The petitioners, a husband and his mother, are accused of harassment and dowry demands post-marriage. They claim false implications due to ongoing marital disputes.
Finding of the Court:
The court noted the age and health of the second petitioner, along with the nature of allegations, concluding anticipatory bail is appropriate.
Issues: Whether anticipatory bail should be granted to the petitioners based on the presented allegations and circumstances.
Ratio Decidendi: The court considered the health of the second petitioner and the absence of necessity for custodial interrogation, leading to a decision to grant bail.
Final Decision: Anticipatory bail granted to the petitioners under specified conditions.
O R D E R
The petitioners are accused in Crime No.626/2023 of Binanipuram Police Station, Ernakulam District alleging commission of offences under Sections 498A , 323, 324, 294 (b) read with 34 of the Indian Penal Code . 2. The 1st petitioner is the husband of the de facto complainant.
The 2nd petitioner is the mother of the 1st petitioner.
3. The allegation against the petitioners is that after the marriage of the 1st petitioner with the de facto complainant she was subjected to mental and physical harassment with a demand for more dowry.
4. The learned counsel for the petitioners would submit petitioners are absolutely innocent in the matter and has been falsely implicated. It is submitted that the allegations are raised only to settle other matrimonial disputes between the 1st petitioner and the de facto complainant. It is submitted that actually the 2nd respondent assaulted the 1st petitioner. It is submitted that the 2nd petitioner is aged 79 years and is bedridden. It is submitted that the petitioners have no occasion to physically and mentally harass the de facto complainant. It is submitted that custodial interrogation of petitioners may not be necessary in the facts and circumstances of the case.
5. I have heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners and also considering the fact that the 2nd petitioner is aged 79 years and is bedridden, I am of the view that the petitioners can be granted anticipatory bail subject to conditions.
In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.626/2023 of Binanipuram Police Station, Ernakulam subject to the following conditions:- (i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) 1st petitioner shall appear before the Investigating officer in Crime No.626/2023 of Binanipuram Police Station, Ernakulam at 11 a.m on 27-12- 2023 and thereafter as and when summoned to do so. The 2nd petitioner shall appear before the Investigating officer as and when summoned to do so; (iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.626/2023 of Binanipuram Police Station, Ernakulam;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.626/2023 of Binanipuram Police Station, Ernakulam may file an application before the jurisdictional Court for cancellation of bail.
